Join us for the latest episode of Financial Services Focus as Andy Demko and Archis Parasharami discuss how consumer arbitration became popular among U.S. businesses in response to class actions from the late 90s onward. The...more
For more than a decade, companies have benefited immensely from the U.S. Supreme Court's 2011 decision of AT&T Mobility LLC v. Concepcion, which upheld a company's right to compel consumers into participating in individual...more
For more than a decade, companies have benefited immensely from the United States Supreme Court decision of AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), which upheld a company’s right to compel consumers into...more
We previously wrote about a Ninth Circuit appeal dealing with the use of bellwether procedures to resolve mass arbitration claims brought by thousands of customers against Verizon Wireless. That appeal remains pending and is...more
Morgan v. Sundance, Inc., No. 21-328: Does the arbitration-specific requirement that the proponent of a contractual waiver defense prove prejudice violate this Court’s instruction in AT&T Mobility LLC v. Concepcion, 563 U.S....more
In a putative class action concerning Experian’s marketing of its “Experian Credit Score” service, the Ninth Circuit recently affirmed a lower court order granting Experian’s motion to compel arbitration based on an...more
Proposed legislation now working its way through the New Jersey Senate would eliminate the eligibility of postsecondary students and other individuals for State student assistance, training and employment services, including...more
On March 26, the American Bankers Association and the Consumer Bankers Association, represented by Ballard Spahr, filed an amicus brief in support of petitions for certiorari asking the Supreme Court to review the Ninth...more
On January 17, 2020, the Ninth Circuit denied the defendants’ petitions for panel and en banc rehearing in the Blair v. Rent a Center appeals, setting the stage for possible U.S. Supreme Court review of the California Supreme...more
Seyfarth Synopsis: The second key trend from our 16th Annual Workplace Class Action Litigation Report involves rulings by the U.S. Supreme Court. Over the past few years, the Supreme Court has issued a number of rulings that...more
More than likely. The CCPA states that consumers may seek, on “an individual or class-wide” basis, actual damages, statutory damages, or injunctive or declaratory relief following certain types of data security breaches. The...more
The inclusion in arbitration clauses of a waiver of public injunctive relief has gained popularity generally, but such a waiver is currently unenforceable in California. However, California’s controversial precedent on the...more
This arbitration decision may result in a "whack." For more than 30 years, the California Supreme Court has been playing a game of arbitration "Whack-A-Mole" with the U.S. Supreme Court....more
The U.S. Supreme Court’s ruling in AT&T Mobility v. Concepcion, 563 U.S. 333 (2011) caused a shockwave in California’s class action bar when it held that the Federal Arbitration Act (“FAA”) preempted California’s former...more
Earlier this year, we reported on the pendency of several Ninth Circuit appeals concerning the enforceability of consumer arbitration agreements with respect to claims for “public” injunctive relief. On June 28, 2019, in...more
The Supreme Court, in a sharply-divided 5-4 ruling issued on April 24, ruled that nothing in the Federal Arbitration Act allows courts to compel class action arbitration even if the contract is ambiguous in that regard, and...more
In an important ruling that further narrows the circumstances in which class arbitration will be permitted, the Supreme Court today held that under the Federal Arbitration Act (FAA)...more
In a widely anticipated decision, the United States Supreme Court issued a 5-4 decision today in Epic Systems Corp. v. Lewis; Ernst & Young LLP v. Morris; and National Labor Relations Board v. Murphy Oil USA, Inc., upholding...more
Welcome news for many employers rolled out of Washington, D.C. earlier this morning. The Supreme Court has ended a long-running debate over the enforceability of arbitration agreements with class action waivers in the...more
Utilizing a “sweeping reading of Concepcion,” as characterized by the concurring opinion, the Ninth Circuit has ruled that arguments that “a class action waiver, by itself, is unconscionable under state law or that an...more
Much has been said and written about Congress’ rejection of the CFPB proposal to ban class action waivers in arbitration agreements between consumers and financial services companies. One of the most frequent statements I...more
Everyone is talking about the future of class-action waivers in employment arbitration agreements after the Supreme Court launched its new term this month with oral argument in three closely-watched cases—National Labor...more
On August 17, 2017, the U.S. Court of Appeals for the Second Circuit issued an important decision in a high-profile case against Uber Technologies that has broad implications for the enforceability of terms of use entered on...more
Takeaway: Businesses operating in California now face another hurdle in drafting enforceable arbitration agreements. The California Supreme Court has invalidated a provision in an aggressive class action waiver purporting to...more
California continues to modify the Concepcion landscape. On April 6, 2017, the California Supreme Court once again issued a pro-consumer ruling that is already being applauded by the plaintiffs’ bar. The ruling came out in...more